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Contracts Keyed to Scott
Pakas v. Hollingshead
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Solomon Pakas (Plaintiff) agreed to buy 50,000 pairs of bicycle pedals from William Hollingshead and others (Defendants). The contract stated that the pedals would be delivered and paid for in installments. Defendants delivered 2608 pairs of pedals and then stated that they would not deliver anymore. On March 15, 1889, Plaintiff sued for Defendants’ breach of the contract up to that point. As of March 1, 1899, Defendants had been required to deliver 19,000 pairs of pedals. Plaintiff won that suit, recovering the entire amount claimed. Subsequently, in February 1900, Plaintiff brought this suit, seeking to recover for the remainder of Defendants’ breach—for the additional 31,000 pedals that were due after March 1, 1899, but were not delivered. Defendants claimed that the judgment in the first suit was a bar to any additional recovery for Plaintiff. The trial court ruled in favor of Defendants and the appellate court affirmed. Plaintiff appealed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.